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The Lok Pal Bill, 2011    The Lok Pal Bill, 2011 was introduced in Parliament on 4 August 2011. A copy of    the Lok Pal B...
AS INTRODUCED IN LOK SABHA                                                                      ON                        ...
(ii)                                          CHAPTER VI                                JURISDICTION IN RESPECT OF INQUIRY...
(iii)                                            CHAPTER X             COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIA...
1                                                                     AS INTRODUCED IN LOK SABHA                          ...
2                      (3) It shall come into force on such date as the Central Government may, by notification           ...
3                               (g) “Lokpal” means the institution established under section 3;                           ...
4                 party or carry on any business or practise any profession and accordingly, before he enters             ...
5           5. The President shall take or cause to be taken all necessary steps for the appointment     Filling up of    ...
6                  Member, as the case may be,—                               (a) is adjudged an insolvent; or            ...
7                                                         CHAPTER III                                                     ...
8                                                             CHAPTER VI                                                  ...
9                      (3) The Lokpal may inquire into any act or conduct of any person other than those               ref...
10Power of               21. On an application for transfer made by the complainant or the public servant, theChairperson ...
11                     (12) If the Lokpal proposes to inquire into a complaint, it may, at any stage,—                    ...
12                        (4) The provisions contained in sub-sections (1), (2) and (3) shall be without prejudice        ...
13                         Provided that where any document is required to be returned, the Lokpal or the                 ...
14                       (2) The Lokpal shall, immediately after attachment under sub-section (1), forward a              ...
15                       (2) The Central Government shall ordinarily accept the recommendation of the Lokpal              ...
16                      (3) Every statement recorded or document or thing received under sub-section (1)               sha...
17                                                          CHAPTER XI                                  ASSESSMENT OF LOSS...
18                                                         CHAPTER XIII                                                   ...
19                         (3) No Special Court shall take cognizance of an offence under sub-section (1) except          ...
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
InfoTekies/University Of Virginia
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  1. 1. The Lok Pal Bill, 2011 The Lok Pal Bill, 2011 was introduced in Parliament on 4 August 2011. A copy of the Lok Pal Bill as introduced in Lok Sabha is attached from page 2 of this document. PRS Legislative Research has analysed earlier draft of the Lok Pal Bill drafted by the government and the civil society. This analysis can be found at: http://www.prsindia.org/pages/all-about-the-lok-pal-bill-137/ Other relevant analysis on Lok Pal Bill: Comparison of the Two Draft Bills of the A note comparing the key features of Joint Committee the two draft Bills prepared by the government representatives of the Joint Lokpal Committee and the nominees of Shri Hazare on the committee. Background Note on the Lok Pal Bill A detailed look at the genesis, history of the Lok Pal and recommendations made by various committees Vital Stats: Corruption Cases Against Some facts and figures about Government Officials corruption cases against public officials Recommendations by Committees Recommendations of various experts committees on the questions framed by the government on the Lok Pal BillPRS Legislative Research Centre for Policy Research Dharma Marg Chanakyapuri New Delhi – 110021 Tel: (011) 2611 5273-76, Fax: 2687 2746 www.prsindia.org
  2. 2. AS INTRODUCED IN LOK SABHA ON Bill No. 39 of 2011 THE LOKPAL BILL, 2011 ———— ARRANGEMENT OF CLAUSES ———— CHAPTER I PRELIMINARYCLAUSES 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT OF LOKPAL 3. Establishment of Lokpal. 4. Appointment of Chairperson and Members and Selection Committee. 5. Filling up of vacancies of Chairperson and Members. 6. Term of office of Chairperson and Members. 7. Salary, allowances and other conditions of service of Chairperson and Members. 8. Removal and suspension of Chairperson and Member of Lokpal. 9. Restriction on employment by Chairperson and Members after ceasing to hold office. 10. Member to act as Chairperson or to discharge his functions in certain circum- stances. 11. Secretary, other officers and staff of Lokpal. CHAPTER III INVESTIGATION WING 12. Investigation Wing. 13. Investigation officer to have powers of police. 14. Investigation officer to inquire on direction of Lokpal. CHAPTER IV PROSECUTION WING 15. Prosecution wing and appointment of Director of Prosecution. CHAPTER V EXPENSES OF INSTITUTION OF LOKPAL TO BE CHARGED ON CONSOLIDATED FUND OF INDIA 16. Expenses of Lokpal to be charged on Consolidated Fund of India.
  3. 3. (ii) CHAPTER VI JURISDICTION IN RESPECT OF INQUIRYCLAUSES 17. Jurisdiction of Lokpal. 18. Matters pending before any court or committee or authority before inquiry before Lokpal not to be affected. 19. Constitution of Benches of Lokpal. 20. Distribution of business amongst Benches. 21. Power of Chairperson to transfer cases. 22. Decision to be by majority. CHAPTER VII PROCEDURE IN RESPECT OF INQUIRY AND INVESTIGATION 23. Provisions relating to complaints and inquiry and investigation. 24. Inspection of documents and furnishing copies thereof to persons against whom complaints have been made. 25. Persons likely to be prejudicially affected to be heard. 26. Lokpal may require any public servant or any other person to furnish informa- tion, etc. 27. Previous sanction not necessary for investigation and initiating prosecution by Lokpal in certain cases. 28. Action on inquiry in relation to public servants not being Ministers or Members of Parliament. 29. Action on inquiry against public servant being Ministers or Members of Parlia- ment. CHAPTER VIII POWERS OF LOKPAL 30. Search and seizure. 31. Lokpal to have powers of civil court in certain cases. 32. Power of Lokpal to utilise services of officers of Central or State Government. 33. Provisional attachment of assets. 34. Confirmation of attachment of assets. 35. Power of Lokpal to recommend transfer or suspension of public servant con- nected with allegation of corruption. 36. Power of Lokpal to give directions to prevent destruction of records during inquiry. 37. Power to delegate. CHAPTER IX SPECIAL COURTS 38. Special Courts to be notified by Central Government. 39. Letter of request to a contracting State in certain cases.
  4. 4. (iii) CHAPTER X COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF LOKPALCLAUSES 40. Complaints against Chairperson and Members not to be inquired by Lokpal. 41. Complaints against officials of Lokpal. CHAPTER XI ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT 42. Assessment of loss and recovery thereof by Special Court. CHAPTER XII FINANCE, ACCOUNTS AND AUDIT 43. Budget. 44. Grants by Central Government. 45. Annual statement of accounts. 46. Furnishing of returns, etc., to Central Government. CHAPTER XIII DECLARATION OF ASSETS 47. Declaration of assets. 48. Presumption as to acquisition of assets by corrupt means in certain cases. CHAPTER XIV OFFENCES AND PENALTIES 49. Prosecution for false complaint and payment of compensation, etc., to public servant. 50. False complaint made by society or association of persons or trust. CHAPTER XV MISCELLANEOUS 51. Protection of action taken in good faith by any public servant. 52. Protection of action taken in good faith by others. 53. Members, officers and employees of Lokpal to be public servants. 54. Limitation to apply in certain cases. 55. Bar of Jurisdiction. 56. Legal assistance. 57. Act to have overriding effect. 58. Provision of this Act to be in addition to other laws. 59. Amendment of certain enactments. 60. Power to make rules. 61. Power of Lokpal to make regulations. 62. Laying of rules and regulations. 63. Power to remove difficulties. THE FIRST SCHEDULE. THE SECOND SCHEDULE.
  5. 5. 1 AS INTRODUCED IN LOK SABHA ON Bill No. 39 of 2011 THE LOKPAL BILL, 2011 A BILL to provide for the establishment of the institution of Lokpal to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto. WHEREAS the Constitution of India established a democratic Republic to ensure justice for all; AND WHEREAS the countrys commitment to clean and responsive governance has to be reflected in an effective institution to independently inquire into and prosecute acts of corruption; NOW, THEREFORE, it is expedient to establish a strong and effective institution to contain corruption. BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Lokpal Act, 2011. Short title, extent and5 (2) It extends to the whole of India and also applies to public servants outside India. commence- ment.
  6. 6. 2 (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.Definitions. 2. (1) In this Act, unless the context otherwise requires,— 5 (a) “Bench” means a Bench of the Lokpal; (b) “Chairperson” means the Chairperson of the Lokpal; (c) “competent authority”, in relation to— (i) a member of the Council of Ministers, means the Prime Minister; (ii) a member of Parliament, other than a Minister, means— 10 (A) in the case of a member of the Council of States, the Chairman of that Council; and (B) in the case of a member of the House of the People, the Speaker of that House; (iii) an officer in the Ministry or Department of the Central Government, 15 means the Minister in charge of the Ministry or Department under which such officer is serving; (iv) a chairperson or members of any body, or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted by an Act of Parliament or wholly or partly financed 20 by the Central Government or controlled by it, means the Minister in charge of the administrative Ministry of such body, or Board or corporation or authority or company or society or autonomous body; (v) an officer of any body or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or 25 constituted by an Act of Parliament or wholly or partly financed by the Central Government or controlled by it, means the head of such body or Board or corporation or authority or company or society or autonomous body; (vi) any other case not falling under sub-clauses (i) to (v) above, means the Central Government: 30 Provided that if any person referred to in sub-clause (iv) or sub-clause (v) is also a Member of Parliament, then the competent authority shall be— (A) in case such member is a Member of the Council of States, the Chairman of that House; and (B) in case such member is a Member of the House of the People, the 35 Speaker of that House; (d) “complaint” means a complaint, made in such form as may be prescribed, alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988; 49 of 1988. (e) “inquiry” means an inquiry conducted under this Act by the Lokpal; 40 (f) “Judicial Member” means a Judicial Member of the Lokpal appointed as such;
  7. 7. 3 (g) “Lokpal” means the institution established under section 3; (h) “Member” means a Member of the Lokpal; (i) “Minister” means a Union Minister but does not include the Prime Minister; (j) “notification” means notification published in the Official Gazette and the 5 expression “notify” shall be construed accordingly; (k) “prescribed” means prescribed by rules made under this Act; (l) “public servant” means a person referred to in clauses (a) to (g) of sub- section (1) of section 17; (m) “regulations” means regulations made under this Act; 10 (n) “rules” means rules made under this Act; (o) “Schedule” means a Schedule to this Act; (p) “Special Court” means the court of a Special Judge appointed under sub-49 of 1988. section (1) of section 3 of the Prevention of Corruption Act, 1988. (2) Words and expressions used herein and not defined in this Act but defined in the49 of 1988. 1 5 Prevention of Corruption Act, 1988, shall have the meanings respectively assigned to them in that Act. (3) Any reference in this Act to any other Act or provision thereof which is not in force in any area to which this Act applies shall be construed to have a reference to the corresponding Act or provision thereof in force in such area. 20 CHAPTER II ESTABLISHMENT OF LOKPAL 3. (1) As from the commencement of this Act, there shall be established, for the Establishment purpose of making inquiries in respect of complaints made under this Act, an institution to of Lokpal. be called the “Lokpal”. 25 (2) The Lokpal shall consist of— (a) a Chairperson, who is or has been a Chief Justice of India or a Judge of the Supreme Court; and (b) such number of Members, not exceeding eight out of whom fifty per cent. shall be Judicial Members. 30 (3) A person shall be eligible to be appointed,— (a) as a Judicial Member if he is or has been a Judge of the Supreme Court or a Chief Justice of a High Court; (b) as a Member other than a Judicial Member, if he is a person of impeccable integrity, outstanding ability and standing having special knowledge and expertise of 35 not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law, and management. (4) The Chairperson or a Member shall not be a member of Parliament or a member of the Legislature of any State or Union territory and shall not hold any office of trust or profit 4 0 (other than the office as the Chairperson or a Member) or be connected with any political
  8. 8. 4 party or carry on any business or practise any profession and accordingly, before he enters upon his office, a person appointed as the Chairperson or a Member, as the case may be, shall, if – (a) he holds any office of trust or profit, resign from such office; or (b) he is carrying on any business, sever his connection with the conduct and 5 management of such business; or (c) he is practising any profession, cease to practise such profession. (5) The Chairperson and every Member shall, before entering upon his office, make and subscribe before the President an oath or affirmation in the form set out in the First Schedule. 10Appointment 4. (1) The Chairperson and Members shall be appointed by the President after obtainingof Chairperson the recommendations of a Selection Committee consisting of—and Membersand Selection (a) the Prime Minister — chairperson;Committee. (b) the Speaker of the House of the People —member; (c) the Leader of Opposition in the House of the People—member; 15 (d) the Leader of Opposition in the Council of States – member; (e) a Union Cabinet Minister to be nominated by the Prime Minister —member; (f) one sitting Judge of the Supreme Court to be nominated by the Chief Justice of India—member; (g) one sitting Chief Justice of a High Court to be nominated by the Chief Justice 20 of India—member; (h) one eminent Jurist to be nominated by the Central Government — member; (i) one person of eminence in public life with wide knowledge of and experience in anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law, or management to be nominated by the Central 25 Government – member. (2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Selection Committee. (3) The Selection Committee may, if it considers necessary for the purposes of selecting the Chairperson and Members of the Lokpal and for preparing a panel of persons to be 30 considered for appointment as such, constitute a Search Committee consisting of such persons of standing and having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law, and management, or in any other matter which, in the opinion of the Selection Committee, may be useful in making selection of the Chairperson and Members 35 of the Lokpal. (4) The Selection Committee shall regulate its own procedure for selecting the Chairperson and Members of the Lokpal which shall be transparent. (5) The term of the Search Committee referred to in sub-section (3), the fee and allowances payable to its members and the manner of selection of panel of names shall be 40 such as may be prescribed.
  9. 9. 5 5. The President shall take or cause to be taken all necessary steps for the appointment Filling up of vacancies of of a new Chairperson and Members at least three months before the expiry of the term of Chairperson such Chairperson or Member, as the case may be, in accordance with the procedure laid and Members. down in this Act.5 6. The Chairperson and every Member shall, on the recommendations of the Selection Term of office Committee, be appointed by the President by warrant under his hand and seal and hold office of Chairperson and Members. as such for a term not exceeding five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier: Provided that he may—10 (a) by writing under his hand addressed to the President, resign his office; or (b) be removed from his office in the manner provided in section 8. 7. The salary, allowances and other conditions of service of— Salary, allowances (i) the Chairperson shall be the same as those of the Chief Justice of India; and other conditions of (ii) other Members shall be the same as those of a Judge of the Supreme Court: service of Chairperson and Members.15 Provided that if the Chairperson or a Member is, at the time of his appointment, in receipt of pension (other than disability pension) in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of service as the Chairperson or, as the case may be, as a Member, be reduced— (a) by the amount of that pension; and20 (b) if he has, before such appointment, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension: Provided further that the salary, allowances and pension payable to, and other conditions of service of, the Chairperson or a Member shall not be varied to his disadvantage2 5 after his appointment. 8. (1) Subject to the provisions of sub-section (3), the Chairperson or any Member Removal and shall be removed from his office by order of the President on the grounds of misbehaviour suspension of Chairperson after the Supreme Court, on a reference being made to it — and Member of Lokpal. (i) by the President, or30 (ii) by the President on a petition being signed by at least one hundred Members of Parliament, or (iii) by the President on receipt of a petition made by a citizen of India and where the President is satisfied that the petition should be referred, has, on an inquiry held in accordance with the procedure prescribed in that behalf, reported35 that the Chairperson or such Member, as the case may be, ought to be removed on such ground. (2) The President may suspend from office the Chairperson or any Member in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.40 (3) Notwithstanding anything contained in sub-section (1), the President may, by order, remove from the office the Chairperson or any Member if the Chairperson or such
  10. 10. 6 Member, as the case may be,— (a) is adjudged an insolvent; or (b) engages, during his term of office, in any paid employment outside the duties of his office; or (c) is, in the opinion of the President, unfit to continue in office by reason of 5 infirmity of mind or body. (4) If the Chairperson or any Member is, or becomes, in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other 10 members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.Restriction 9. (1) On ceasing to hold office, the Chairperson and every Member shall be ineligibleon for—employmentby (i) reappointment as the Chairperson or a Member of the Lokpal; 15Chairpersonand Members (ii) any diplomatic assignment, appointment as administrator of a Union territoryafter ceasing and such other assignment or appointment which is required by law to be made by theto holdoffice. President by warrant under his hand and seal; (iii) further employment to any other office of profit under the Government of India or the Government of a State; 20 (iv) contesting any election of President or Vice President or Member of either House of Parliament or Member of either House of a State Legislature or Municipality or Panchayat within a period of five years from the date of cessation of holding the office of the Chairperson or Member. (2) Notwithstanding anything contained in sub-section (1), a Member shall be eligible 25 to be appointed as a Chairperson, if his total tenure as Member and Chairperson does not exceed five years.Member to act 10. (1) In the event of occurrence of any vacancy in the office of the Chairperson byas Chairperson reason of his death, resignation or otherwise, the President may, by notification, authoriseor to dischargehis functions the senior-most Member to act as the Chairperson until the appointment of a new Chairperson 30in certain to fill such vacancy.circumstances. (2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, the senior-most Member available, as the President may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties. 35Secretary, 11. (1) The appointment of secretary and other officers and staff of the Lokpal shall beother officers made by the Chairperson or such Member or officer of Lokpal as the Chairperson mayand staff ofLokpal. direct: Provided that the President may by rule require that the appointment in respect of any post or posts as may be specified in the rule, shall be made after consultation with the Union 40 Public Service Commission. (2) Subject to the provisions of any law made by Parliament, the conditions of service of secretary and other officers and staff of the Lokpal shall be such as may be specified by regulations made by the Lokpal for the purpose: Provided that the regulations made under this sub-section shall, so far as they relate 45 to salaries, allowances, leave or pensions, require the approval of the President.
  11. 11. 7 CHAPTER III INVESTIGATION WING 12. (1) Notwithstanding anything contained in any law for the time being in force, the Investigation Lokpal shall constitute an Investigation Wing for the purpose of conducting investigation Wing. 5 of any offence alleged to have been committed by a public servant punishable under the49 of 1988. Prevention of Corruption Act, 1988: Provided that till such time the Investigation Wing is constituted by the Lokpal, the Central Government shall make available such number of investigation officers and other staff from such of its Ministries or Departments, as may be required by the Lokpal, for 1 0 carrying out investigation under this Act. (2) The Central Government may, after obtaining consent of the concerned State Government, by notification, extend the powers and jurisdiction of officers of the Investigation Wing of the Lokpal in that State and the provisions of sub-sections (2) and (3) of section 525 of 1946. of the Delhi Special Police Establishment Act, 1946, shall apply as if the members of the 15 Investigation Wing were members of the police force of that State. 13. (1) No investigation shall be made by an investigation officer of the Investigation Investigation officer to have Wing below the rank of a Deputy Superintendent of Police or by any other officer of equivalent powers of rank. police. (2) The investigation officers of the Investigation Wing shall have, in relation to the 20 investigation of such offences referred to in sub-section (1) of section 12, all the powers, duties, privileges and liabilities which police officers have in connection with the investigation of49 of 1988. such offences under the Prevention of Corruption Act, 1988. 14. (1) The Lokpal may, before holding any inquiry under this Act, by an order, require Investigation officer to the investigation officer of its Investigation Wing to make, or cause to be made, a preliminary inquire on 25 investigation in such manner as it may direct and submit a report to the Lokpal, within such direction of time as may be specified by the Lokpal, to enable it to satisfy itself as to whether or not the Lokpal. matter requires to be inquired into by the Lokpal. (2) The investigation officer on receipt of an order under sub-section (1) shall complete the investigation and submit his report within the time specified under that sub-section. 30 CHAPTER IV PROSECUTION WING 15. (1) The Lokpal may, by notification, constitute a prosecution wing and appoint a Prosecution Director of prosecution and such other officers and employees to assist the Director of wing and appointment Prosecution for the purpose of prosecution of public servants in relation to any complaint of Director 35 by the Lokpal under this Act. of Prosecu- tion. (2) The Director of prosecution shall, after having been so directed by the Lokpal, file a complaint before the Special Court, and take all necessary steps in respect of the prosecution of public servants in relation to any offence punishable under the Prevention of Corruption49 of 1988. Act, 1988. 40 CHAPTER V EXPENSES OF INSTITUTION OF LOKPAL TO BE CHARGED ON CONSOLIDATED FUND OF INDIA 16. The expenses of the Lokpal, including all salaries, allowances and pensions Expenses of Lokpal to be payable to or in respect of the Chairperson, Members or secretary or other officers or staff charged on of the Lokpal, shall be charged on the Consolidated Fund of India and any fees or other Consolidated 45 moneys taken by the Lokpal shall form part of that Fund. Fund of India.
  12. 12. 8 CHAPTER VI JURISDICTION IN RESPECT OF INQUIRYJurisdiction of 17. (1) Subject to the other provisions of this Act, the Lokpal shall inquire into anyLokpal. matter involved in, or arising from, or connected with, any allegation of corruption made in a complaint in respect of the following, namely:— 5 (a) a Prime Minister, after he has demitted the office of the Prime Minister; (b) any other person who is or has been a Minister of the Union; (c) any person who is or has been a Member of either House of Parliament; (d) any Group “A” officer or equivalent or above, from amongst the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention 10 of Corruptions Act, 1988 when serving or who has served, in connection with the 49 of 1988. affairs of the Union; (e) any person who is or has been a chairperson or member or officer equivalent to Group “A” officer referred to in clause (d) or equivalent or above in any body or Board or corporation or authority or company or society or trust or autonomous body 15 (by whatever name called) established by an Act of Parliament or wholly or partly financed by the Central Government or controlled by it: Provided that in respect of such officers referred to in clause (d) who have served in connection with the affairs of the Union or in any body or Board or corporation or authority or company or society or trust or autonomous body referred to in this 20 clause but are working in connection with the affairs of the State or in any body or Board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of the State Legislature or wholly or partly financed by the State Government or controlled by it, the Lokpal and the officers of its Investigation Wing or prosecution Wing shall have jurisdiction under this Act in 25 respect of such officers only after obtaining the consent of the concerned State Government; (f) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) wholly or partly financed or aided by the 30 Government and the annual income of which exceeds such amount as the Central Government may by notification specify; (g) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from the public and 35 the annual income of which exceeds such amount as the Central Government may by notification specify: Provided that nothing in this section shall apply in relation to the Prime Minister, in whatever capacity he may be holding an office as a public functionary: Provided further that any person referred to in this clause shall be deemed to be 40 a public servant under clause (c) of section 2 of the Prevention of Corruption Act, 1988 49 of 1988. and the provisions of that Act shall apply accordingly: Provided also that nothing in clauses (e) and (f) and this clause shall apply to any society or association of persons or trust constituted for religious purposes. (2) Notwithstanding anything contained in sub-section (1), the Lokpal shall not inquire 45 into any matter involved in, or arising from, or connected with, any such allegation of corruption against any Member of either House of Parliament in respect of anything said or a vote given by him in Parliament or any committee thereof covered under the provisions contained in clause (2) of article 105 of the Constitution.
  13. 13. 9 (3) The Lokpal may inquire into any act or conduct of any person other than those referred to in sub-section (1), if such person is associated with the allegation of corruption49 of 1988. under the Prevention of Corruption Act, 1988: Provided that, no action under this section shall be taken in case of a person serving 5 in connection with the affairs of a State, without the consent of the State Government. (4) No matter in respect of which a complaint has been made to the Lokpal under this60 of 1952. Act, shall be referred for inquiry under the Commissions of Inquiry Act, 1952. Explanation.—For the removal of doubts, it is hereby declared that a complaint under this Act shall only relate to a period during which the public servant was holding or serving 1 0 in that capacity. 18. In case any matter or proceeding related to allegation of corruption under the Matters49 of 1988. Prevention of Corruption Act, 1988 has been pending before any court or committee of either pending before any House of Parliament or before any other authority prior to commencement of this Act or prior court or to commencement of any inquiry after the commencement of this Act, such matter or committee or 1 5 proceeding shall be continued before such court, committee or authority. authority for inquiry before Lokpal not to be affected. Explanation.—For the removal of doubts, it is herby declared that continuance of such matter or proceeding before any court or committee of either House of Parliament or before any other authority, except for such matters as are protected under clause (2) of article 105 of the Constitution or are pending before a court, shall not affect the power of the Lokpal 2 0 to inquire into such matter under this Act. 19. (1) Subject to the provisions of this Act, — Constitution of Benches (a) the jurisdiction of the Lokpal may be exercised by Benches thereof; of Lokpal. (b) a Bench may be constituted by the Chairperson with two or more Members as the Chairperson may deem fit; 25 (c) every Bench shall ordinarily consist of at least one Judicial Member; (d) where a Bench consists of the Chairperson, such Bench shall be presided over by the Chairperson; (e) where a Bench consists of a Judicial Member, and a non-Judicial Member, not being the Chairperson, such bench shall be presided over by the Judicial Member; 30 (f) the Benches of the Lokpal shall ordinarily sit at New Delhi and at such other places as the Lokpal may, by regulations, specify. (2) The Lokpal shall notify the areas in relation to which each Bench of the Lokpal may exercise jurisdiction. (3) Notwithstanding anything contained in sub-section (2), the Chairperson shall 35 have the power to constitute or reconstitute Benches from time to time. (4) If at any stage of the hearing of any case or matter it appears to the Chairperson or a Member that the case or matter is of such nature that it ought to be heard by a Bench consisting of three or more Members, the case or matter may be transferred by the Chairperson or, as the case may be, referred to him for transfer, to such Bench as the Chairperson may 4 0 deem fit. 20. Where Benches are constituted, the Chairperson may, from time to time, by Distribution notification, make provisions as to the distribution of the business of the Lokpal amongst of business the Benches and also provide for the matters which may be dealt with by each Bench. amongst Benches.
  14. 14. 10Power of 21. On an application for transfer made by the complainant or the public servant, theChairperson Chairperson, after giving an opportunity of being heard to the complainant or the publicto transfercases. servant, as the case may be, may transfer any case pending before one Bench for disposal to any other Bench.Decision to 22. If the Members of a Bench consisting of two Members differ in opinion on any 5be by point, they shall state the point or points on which they differ, and make a reference to themajority. Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Lokpal and such point or points shall be decided according to the opinion of the majority of the Members of the Lokpal who have heard the case, including those who first heard it. 10 CHAPTER VII PROCEDURE IN RESPECT OF INQUIRY AND INVESTIGATIONProvisions 23. (1) The Lokpal, on receipt of a complaint, may either make a preliminary inquiry orrelating to direct its Investigation Wing, to make a preliminary investigation to ascertain whether therecomplaintsand inquiry exists a prima facie case for proceeding in the matter. 15and investiga- (2) Every preliminary inquiry or preliminary investigation referred to in sub-section (1)tion. shall ordinarily be completed within a period of thirty days and for reasons to be recorded in writing, within a further period of three months from the date of receipt of the complaint. (3) Upon completion of the preliminary investigation, the investigating authority shall submit its report to the Lokpal. 20 (4) Before the Lokpal comes to the conclusion in the course of a preliminary inquiry and after submission of a report referred to in sub-section (3) that a prima facie case is made out against the public servant pursuant to such a preliminary inquiry, the Lokpal shall afford the public servant an opportunity of being heard. (5) Where the Lokpal, after receiving the report of the investigating authority pursuant 25 to a preliminary investigation or conclusion of the preliminary inquiries as referred to in sub- section (1) is satisfied that no prima facie case is made out for proceeding further in the matter, the complaint shall be closed and the decision thereon be communicated to the complainant and the public servant. (6) Where the Lokpal is of the opinion that prima facie case is made out and refers the 30 matter for investigation, upon completion of such investigation and before filing the charge sheet, the public servant against whom such investigation is being conducted shall be given an opportunity of being heard. (7) Every inquiry conducted by the Lokpal, upon being satisfied that a prima facie case is made out, shall be open to the public provided that in exceptional circumstances and 35 for reasons to be recorded in writing by the Lokpal, such inquiry may be conducted in camera. (8) In case the Lokpal proceeds to inquire into the complaint under sub-section (7) it shall hold such inquiry as expeditiously as possible and complete the inquiry within a period of six months from the date of receipt of the complaint which, for reasons to be recorded in 40 writing, may be extended by a further period of six months. (9) The public servant against whom an inquiry is being conducted under sub-section (8) shall be given an opportunity of being heard. (10) Where in a case the Lokpal is of the opinion and for reason to be recorded in writing that it is not in the interest of justice to either hold a preliminary inquiry or preliminary 45 investigation, it may refer the matter for investigation. (11) Upon completion of such investigation but before filing a charge sheet, the investigating authority shall place the records in its possession along with its prima facie conclusion before the Lokpal who shall before directing that a charge sheet be filed afford the public servant concerned an opportunity of being heard. 50
  15. 15. 11 (12) If the Lokpal proposes to inquire into a complaint, it may, at any stage,— (a) pass appropriate orders for safe custody of the documents relevant to the inquiry as it deems fit; and (b) forward a copy of the complaint to the public servant concerned along with 5 all relevant material relied upon and afford him an opportunity to represent his case. (13) The website of the Lokpal shall, from time to time and in such manner as may be specified by regulations, display to the public, the status of number of complaints pending before it or disposed of by it. (14) The Lokpal may withhold the records and evidence which are likely to impede the 10 process of inquiry or conduct of a case by it or by the Special Court. (15) Save as otherwise provided, the manner and procedure of conducting an inquiry or investigation under this Act, shall be such as may be specified by regulations. 24. In cases where, an investigation or inquiry into a complaint is proposed to be Inspection of initiated by the Lokpal, every person against whom such inquiry or investigation is proposed document and 1 5 to be conducted, shall be entitled to inspect any record in connection with the commission furnishing copies of any alleged offence and take an extract therefrom, as is considered necessary to defend thereof to his case. persons against whom complaints have been made. 25. If, at any stage of the proceeding, the Lokpal— Persons likely to be (a) considers it necessary to inquire into the conduct of any person other than prejudicially 20 the prospective accused; or affected to be heard. (b) is of opinion that the reputation of any person other than an accused is likely to be prejudicially affected by the inquiry, the Lokpal shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence, consistent with the principles of natural justice: 25 Provided that nothing in this section shall apply where the credibility of a witness is being questioned. 26. Subject to the provisions of this Act, for the purpose of any inquiry or investigation, Lokpal may the Lokpal or the investigating authority, as the case may be, may require any public servant require any public servant or any other person who, in its opinion, is able to furnish information or produce documents or any other 3 0 relevant to such inquiry or investigation, to furnish any such information or produce any person to such document. furnish information, etc. 27. (1) No sanction or approval shall be required by the Lokpal or its Investigation Previous2 of 1974. Wing under section 197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention sanction not necessary for49 of 1988. of Corruption Act, 1988 for the purpose of making inquiry by the Lokpal or investigation by investigation 3 5 its Investigation Wing into any complaint against any public servant or for filing of any and initiating complaint in respect thereof before the Special Court under this Act. prosecution by Lokpal in (2) A Special Court may, notwithstanding anything contained in section 197 of the certain cases.2 of 1974. Code of Criminal Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988, on49 of 1988. a complaint filed by the Lokpal or any officer authorised by it in this behalf, take cognizance 4 0 of offence committed by any public servant. (3) Nothing contained in sub-sections (1) and (2) shall apply in respect of the persons holding the office in pursuance of the provisions of the Constitution and in respect of which a procedure for removal of such person has been specified therein.
  16. 16. 12 (4) The provisions contained in sub-sections (1), (2) and (3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause (c) of clause (3) of article 320 of the Constitution.Action on 28. (1) Where, after the conclusion of the inquiry or investigation, the findings of theinquiry in Lokpal disclose the commission of an offence under the Prevention of Corruption Act, 1988 5 49 of 1988.relation to by a public servant referred to in clause (c) or clause (d) of sub-section (1) of section 17, thepublicservants not Lokpal may—beingMinisters or (a) file a case in the Special Court and send a copy of the report together with itsMembers of findings to the competent authority;Parliament. (b) recommend to the competent authority the initiation of disciplinary 1 0 proceedings under the rules of disciplinary proceedings applicable to such public servant; (c) provide a copy of the report to the public servant or his representative. (2) The competent authority shall, within a period of thirty days of the receipt of recommendation under clause (b) of sub-section (1), initiate disciplinary proceedings against 1 5 the delinquent public servant accused of committing offence under the Prevention of Corruption Act, 1988 and forward its comments on the report, including the action taken or 49 of 1988. proposed to be taken thereon, to the Lokpal ordinarily within six months of initiation of such disciplinary proceedings.Action on 29. (1) Where, after the conclusion of the inquiry or investigation, the findings of the 2 0inquiry Lokpal disclose the commission of an offence under the Prevention of Corruption Act, 1988 49 of 1988.against publicservant being by a public servant referred to in clause (a) or clause (b) of sub-section (1) of section 17, theMinisters or Lokpal may file a case in the Special Court and shall send a copy of the report together withMembers of its findings to the competent authority.Parliament. (2) The Prime Minister, in the case of the Minister, the Speaker in the case of a Member 2 5 of the House of the People, and the Chairman of the Council of States, in the case of a Member of that Council shall, as soon as may be, after the receipt of report under sub-section (1), cause the same to be laid before the House of the People or the Council of States, as the case may be, while it is in session, and if the House of the People or the Council of States, as the case may be, is not in session, within a period of one week from the reassembly of the said 3 0 House or the Council, as the case may be. (3) The competent authority shall examine the report forwarded to it under sub-section (1) and communicate to the Lokpal, within a period of ninety days from the date of receipt of the report, the action taken or proposed to be taken on the basis of the report. Explanation.— In computing the period of ninety days referred to in this sub-section, 3 5 any period during which Parliament or, as the case may be, either House of Parliament, is not in session, shall be excluded. CHAPTER VIII POWERS OF LOKPALSearch and 30. (1) If the Lokpal has reason to believe that any document which, in its opinion, 4 0seizure. shall be useful for, or relevant to, any investigation or inquiry under this Act, are secreted in any place, it may authorise any officer of the Investigation Wing, to search for and to seize such documents. (2) If the Lokpal is satisfied that any document seized under sub-section (1) would be evidence for the purpose of any investigation or inquiry under this Act and that it would be 4 5 necessary to retain the document in its custody or in the custody of such officer as may be authorised, it may so retain or direct such officer authorised to retain such document till the completion of such investigation or inquiry:
  17. 17. 13 Provided that where any document is required to be returned, the Lokpal or the authorised officer may return the same after retaining copies of such document duly authenticated.2 of 1974. (3) The provisions of the Code of Criminal Procedure, 1973 relating to searches shall, 5 so far as may be, apply to searches under this section subject to the modification that sub- section (5) of section 165 of the said Code shall have effect as if for the word “Magistrate”, wherever it occurs therein, the words “Lokpal or any officer authorised by it” were substituted. 31. (1) Subject to the provisions of this section, for the purpose of any inquiry, the Lokpal to5 of 1908. Lokpal shall have all the powers of a civil court, under the Code of Civil Procedure, 1908, have powers of civil court 1 0 while trying a suit in respect of the following matters, namely:— in certain (i) summoning and enforcing the attendance of any person and examining him cases. on oath; (ii) requiring the discovery and production of any document; (iii) receiving evidence on affidavits; 15 (iv) requisitioning any public record or copy thereof from any court or office; (v) issuing commissions for the examination of witnesses or documents: Provided that such commission, in case of a witness, shall be issued only where the witness, in the opinion of the Lokpal, is not in a position to attend the proceeding before the Lokpal; and 20 (vi) such other matters as may be prescribed. (2) Any proceeding before the Lokpal shall be deemed to be a judicial proceeding45 of 1860. within the meaning of section 193 of the Indian Penal Code. 32. (1) The Lokpal may, for the purpose of conducting any inquiry, utilise the services Power of of any officer or investigation agency of the Central Government or any State Government, Lokpal to utilise services 2 5 as the case may be. of officers of (2) For the purpose of investigating into any matter pertaining to the inquiry, any Central or State officer or agency whose services are utilised under sub-section (2) may, subject to the Government. direction and control of the Lokpal,— (a) summon and enforce the attendance of any person and examine him; 30 (b) require the discovery and production of any document; and (c) requisition any public record or copy thereof from any office. (3) The officer or agency whose services are utilised under sub-section (2) shall investigate into any matter pertaining to the inquiry and submit a report thereon to the Lokpal within such period as may be specified by the Lokpal in this behalf. 35 33. (1) Where the Lokpal or any investigation officer authorised by it in this behalf, Provisional has reason to believe, the reason for such belief to be recorded in writing, on the basis of attachment of assets. material in its or his possession, that— (a) any person is in possession of any proceeds of corruption; (b) such person is accused of having committed an offence relating to corruption; 40 and (c) such proceeds of offence are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of offence, the Lokpal or such investigation officer may, by order in writing, provisionally attach such 45 property for a period not exceeding ninety days from the date of the order, in the manner43 of 1961. provided in the Second Schedule to the Income-tax Act, 1961 and the Lokpal or such investigation officer, as the case may be, shall be deemed to be an officer under sub-rule (e) of rule 1 of that Schedule.
  18. 18. 14 (2) The Lokpal shall, immediately after attachment under sub-section (1), forward a copy of the order, along with the material in his possession, referred to in that sub-section, to the Special Court, in a sealed envelope, in the manner as may be prescribed and such Court may extend the order of attachment and keep such material for such period as the Court may deem fit. 5 (3) Every order of attachment made under sub-section (1) shall cease to have effect after the expiry of the period specified in that sub-section or after the expiry of the period as directed by the Special Court under sub-section (2). (4) Nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section (1) or sub-section (2), from such enjoyment. 10 Explanation.— For the purposes of this sub-section, “person interested”, in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property.Confirmation 34. (1) The Lokpal, when it provisionally attaches any property under sub-section (1)of attachment of section 33 shall, within a period of thirty days of such attachment, direct its prosecution 15of assets. wing to file an application stating the facts of such attachment before the Special Court and make a prayer for confirmation of attachment of the property till completion of the proceedings against the public servant in the Special Court. (2) The Special Court may, if it is of the opinion that the property provisionally attached had been acquired through corrupt means, make an order for confirmation of attachment of 20 such property till the completion of the proceedings against the public servant in the Special Court. (3) If the public servant is subsequently acquitted of the charges framed against him, the property, subject to the orders of the Special Court, shall be restored to the concerned public servant along with benefits from such property as might have accrued during the 25 period of attachment. (4) If the public servant is subsequently convicted of the charges of corruption, the proceeds relatable to the offence under the Prevention of Corruption Act, 1988 shall be 49 of 1988. confiscated and vest in the Central Government free from any encumbrance or leasehold interest excluding any debt due to any bank or financial institution. 30 Explanation.— For the purposes of this sub-section, the expressions “bank”, “debt” and “financial institution” shall have the meanings respectively assigned to them in clauses (d), (g) and (h) of section 2 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. 51 of 1993.Power of 35. (1) Where the Lokpal, while making an inquiry into allegations of corruption, is 35Lokpal to prima facie satisfied, on the basis of evidence available, that—recommendtransfer or (a) the continuance of the public servant referred to in clause (c) or clause (d) ofsuspension ofpublic servant sub-section (1) of section 17 in his post while conducting the inquiry is likely to affectconnected such inquiry adversely; orwithallegation of (b) the public servant referred to in clause (a) is likely to destroy or in any way 40corruption. tamper with the evidence or influence witnesses, then, the Lokpal may recommend to the Central Government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the order.
  19. 19. 15 (2) The Central Government shall ordinarily accept the recommendation of the Lokpal made under sub-section (1), except for the reasons to be recorded in writing in a case where it is not feasible for administrative reasons. 36. The Lokpal may, in discharge of its functions under this Act, issue appropriate Power of Lokpal to 5 directions to a public servant entrusted with the preparation or custody of any document or give record— directions to prevent (a) to protect such document or record from destruction or damage; or destruction of records during (b) to prevent the public servant from altering or secreting such document or inquiry. record; or 10 (c) to prevent the public servant from transferring or alienating any assets allegedly acquired by him through corrupt means. 37. The Lokpal may, by general or special order in writing, and subject to such conditions Power to and limitations as may be specified therein, direct that any administrative or financial power delegate. conferred on it may also be exercised or discharged by such of its Members or officers or 1 5 employees as may be specified in the order. CHAPTER IX SPECIAL COURTS 38. (1) The Central Government shall constitute such number of Special Courts, as Special recommended by the Lokpal, to hear and decide the cases arising out of the Prevention of Courts to be notified by49 of 1988. 2 0 Corruption Act, 1988 or under this Act. Central Government. (2) The Special Courts constituted under sub-section (1) shall ensure completion of each trial within a period of one year from the date of filing of the case in the Court: Provided that in case the trial cannot be completed within a period of one year, the Special Court shall record reasons therefor and complete the trial within a further period of 2 5 not more than three months or such further periods not exceeding three months each, for reasons to be recorded in writing, before the end of each such three months period, but not exceeding a total period of two years. 39. (1) Notwithstanding anything contained in this Act or the Code of Criminal Letter of Procedure, 1973 if, in the course of an inquiry or investigation into an offence or other request to a2 of 1974. contracting 3 0 proceeding under this Act, an application is made to a Special Court by the Investigation State in Officer of the Lokpal that any evidence is required in connection with the inquiry or certain cases. investigation into an offence or proceeding under this Act and he is of the opinion that such evidence may be available in any place in a contracting State, and the Special Court, on being satisfied that such evidence is required in connection with the inquiry or investigation into 3 5 an offence or proceeding under this Act, may issue a letter of request to a court or an authority in the contracting State competent to deal with such request to— (i) examine the facts and circumstances of the case; (ii) take such steps as the Special Court may specify in such letter of request; and (iii) forward all the evidence so taken or collected to the Special Court issuing 40 such letter of request. (2) The letter of request shall be transmitted in such manner as the Central Government may prescribe in this behalf.
  20. 20. 16 (3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be evidence collected during the course of the inquiry or investigation. CHAPTER X COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF LOKPALComplaints 40. (1) The Lokpal shall not inquire into any complaint made against the Chairperson 5against or any Member.Chairpersonand Members (2) Any complaint against the Chairperson or Member shall be made by an applicationnot to beinquired by by the party aggrieved, to the President.Lokpal. (3) The President shall, in case there exists a prima facie case for bias or corruption, make a reference to the Chief Justice of India in such manner as may be prescribed for 10 inquiring into the complaint against the Chairperson or Member. (4) The President shall decide the action against the Chairperson or Member on the basis of the opinion of the Chief Justice of India and in case the President is satisfied, on the basis of the said opinion that the Chairperson or the Member is biased or has indulged in corruption, the President shall, notwithstanding anything contained in sub-section (1) of 15 section 8, remove such Chairperson or Member and also order for initiation of prosecution in case of allegation of corruption.Complaints 41. (1) Every complaint of allegation or wrongdoing made against any officer or employeeagainst or investigation agency under or associated with the Lokpal for offence punishable underofficials ofLokpal. the Prevention of Corruption Act, 1988 shall be dealt with in accordance with the provisions 2 0 49 of 1988. of this section. (2) The Lokpal shall complete the inquiry into the complaint or allegation made, within a period of thirty days from the date of its receipt. (3) While making an inquiry into the complaint against any officer or employee of the Lokpal or agency engaged or associated with the Lokpal, if the Lokpal is prima facie satisfied 25 on the basis of evidence available, that— (a) continuance of such officer or employee of the Lokpal in his post or agency engaged or associated while conducting the inquiry is likely to affect such inquiry adversely; or (b) an officer or employee of the Lokpal or agency engaged or associated is 30 likely to destroy or in any way tamper with the evidence or influence witnesses, then, the Lokpal may, by order, suspend such officer or employee of the Lokpal or divest such agency engaged or associated with the Lokpal of all powers and responsibilities hereto before exercised by it . (4) On the completion of the inquiry, if the Lokpal is satisfied that there is prima facie 35 evidence of the commission of an offence under the Prevention of Corruption Act, 1988 or of 49 of 1988. any wrongdoing, it shall, within a period of fifteen days of the completion of such inquiry, order to prosecute such officer or employee of the Lokpal or such officer or employee of agency engaged or associated with the Lokpal and initiate disciplinary proceedings against the official concerned: 40 Provided that no such order shall be passed without giving such officer or employee of the Lokpal or officer or employee of agency engaged or associated, a reasonable opportunity of being heard.
  21. 21. 17 CHAPTER XI ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT 42. If any public servant is convicted of an offence under the Prevention of Corruption Assessment49 of 1988. Act, 1988 by the Special Court, notwithstanding and without prejudice to any law for the time of loss and 5 being in force, it may make an assessment of loss, if any, caused to the public exchequer on recovery thereof by account of the actions or decisions of such public servant not taken in good faith and for Special which he stands convicted, and may order recovery of such loss, if possible or quantifiable, Court. from such public servant so convicted: Provided that if the Special Court, for reasons to be recorded in writing, comes to the 10 conclusion that the loss caused was pursuant to a conspiracy with the beneficiary or benefi- ciaries of actions or decisions of the public servant so convicted, then such loss may, if assessed and quantifiable under this section, also be recovered from such beneficiary or beneficiaries proportionately. CHAPTER XII 15 FINANCE, ACCOUNTS AND AUDIT 43. The Lokpal shall prepare, in such form and at such time in each financial year as Budget. may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Lokpal and forward the same to the Central Government for information. 44. Without prejudice to the provisions of section 16, the Central Government may, Grants by 20 after due appropriation made by Parliament by law in this behalf, make to the Lokpal grants Central Government. of such sums of money as are required to be paid for the salaries and allowances payable to the Chairperson and Members and the administrative expenses, including the salaries and allowances and pension payable to or in respect of officers and other employees of the Lokpal. 25 45. (1) The Lokpal shall maintain proper accounts and other relevant records and Annual prepare an annual statement of accounts in such form as may be prescribed by the Central statement of accounts. Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Lokpal shall be audited by the Comptroller and Auditor- General of India at such intervals as may be specified by him. 30 (3) The Comptroller and Auditor-General of India or any person appointed by him in connection with the audit of the accounts of the Lokpal under this Act shall have the same rights, privileges and authority in connection with such audit, as the Comptroller and Audi- tor-General of India generally has, in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, con- 3 5 nected vouchers and other documents and papers and to inspect any of the offices of the Lokpal. (4) The accounts of the Lokpal, as certified by Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and the Central Government 4 0 shall cause the same to be laid before each House of Parliament. 46. (1) The Lokpal shall furnish to the Central Government, at such time and in such Furnishing of form and manner as may be prescribed or as the Central Government may request, such returns, etc., to Central returns and statements and such particulars in regard to any matter under the jurisdiction of Government. the Lokpal, as the Central Government may, from time to time, require. 45 (2) The Lokpal shall prepare, once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwarded to the Central Government. (3) A copy of the report received under sub-section (2) shall be laid by the Central Government, as soon as may be after it is received, before each House of Parliament.
  22. 22. 18 CHAPTER XIII DECLARATION OF ASSETSDeclaration of 47. (1) Every public servant shall make a declaration of his assets and liabilities in theassets. manner as provided by or under this Act. (2) Every public servant shall, within a period of thirty days from the date on which he 5 makes and subscribes an oath or affirmation to enter upon his office, furnish to the compe- tent authority the information relating to— (a) the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries; (b) his liabilities and that of his spouse and his dependent children. 10 (3) Every public servant holding his office as such, at the time of the commencement of this Act, shall furnish information relating to such assets and liabilities, as referred to in sub-section (2) to the competent authority within thirty days of the coming into force of this Act. (4) Every public servant shall file with the competent authority, on or before the 1 5 31st July of every year, an annual return of such assets and liabilities, as referred to in sub-section (2), as on the 31st March of that year. (5) The information under sub-section (2) or sub-section (3) and annual return under sub-section (4) shall be furnished to the competent authority in such form and in such manner as may be prescribed. 20 (6) The competent authority in respect of each office or Department shall ensure that all such statements are published on the website of such office or Department by 31st August of that year. Explanation.— For the purposes of this section, “dependent children” means sons and daughters who have no separate means of earning and are wholly dependent on the 2 5 public servant for their livelihood.Presumption 48. If any public servant wilfully or for reasons which are not justifiable, —as toacquisition of (a) fails to declare his assets; orassets bycorrupt (b) gives misleading information in respect of such assets and is found to be inmeans in possession of assets not disclosed or in respect of which misleading information was 3 0certain cases. furnished, then such assets shall, unless otherwise proved, be presumed to belong to the public ser- vant and shall be presumed to be assets acquired by corrupt means: Provided that the competent authority may condone or exempt the public servant from furnishing information in respect of assets not exceeding such minimum value as may be 3 5 prescribed. CHAPTER XIV OFFENCES AND PENALTIESProsecution 49. (1) Notwithstanding anything contained in this Act, whoever makes any false andfor false frivolous or vexatious complaint under this Act shall, on conviction, be punished with 4 0complaintand payment imprisonment for a term which shall not be less than two years but which may extend to fiveof years and with fine which shall not be less than twenty-five thousand rupees but which maycompensation, extend to two lakh rupees.etc., to publicservant. (2) No Court, except a Special Court, shall take cognizance of an offence under sub-section (1). 45
  23. 23. 19 (3) No Special Court shall take cognizance of an offence under sub-section (1) except on a complaint made by a person against whom the false, frivolous or vexatious complaint was made. (4) The prosecution in relation to an offence under sub-section (1) shall be conducted 5 by the public prosecutor and all expenses connected with such prosecution shall be borne by the Central Government. (5) In case of conviction of a person [being an individual or society or association of persons or trust (whether registered or not)], for having made a false complaint under this Act, such person shall be liable to pay compensation to the public servant against whom he 1 0 made the false complaint in addition to the legal expenses for contesting the case by such public servant, as the Special Court may determine. 50. (1) Where any offence under section 49 has been committed by any society or False association of persons or trust (whether registered or not), every person who, at the time the complaint made by offence was committed, was directly in charge of, and was responsible to, the society or society or 1 5 association of persons or trust, for the conduct of the business or affairs or activities of the association society or association of persons or trust as well as such society or association of persons of persons or or trust shall be deemed to be guilty of the offence and shall be liable to be proceeded against trust. and punished accordingly: Provided that nothing contained in this sub-section shall render any such person 20 liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a society or association of persons or trust (whether regis- 2 5 tered or not) and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secre- tary or other officer of such society or association of persons or trust, such director, man- ager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 30 CHAPTER XV MISCELLANEOUS 51. No suit, prosecution or other legal proceedings under this Act shall lie against any Protection of public servant, in respect of anything which is done in good faith or intended to be done in action taken in good faith the discharge of his official functions or in exercise of his powers. by any public servant. 35 52. No suit, prosecution or other legal proceedings shall lie against the Lokpal or Protection of against any officer, employee, agency or any person, in respect of anything which is done in action taken in good faith good faith or intended to be done under this Act or the rules or the regulations made by others. thereunder. 53. The Chairperson, Members, officers and other employees of the Lokpal shall be Members, 40 deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, officers and employees of45 of 1860. to be public servants within the meaning of section 21 of the Indian Penal Code. Lokpal to be public servants. 54. The Lokpal shall not inquire or investigate into any complaint, if the complaint is Limitation to made after the expiry of a period of seven years from the date on which the offence men- apply in certain cases. tioned in such complaint is alleged to have been committed. 45 55. No civil court shall have jurisdiction in respect of any matter which the Lokpal is Bar of empowered by or under this Act to determine. jurisdiction.

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